Will airline personnel require documentation for an emotional support animal to accompany disabled owner?

Posted on March 12, 2017 by SARC Editorial Staff

With respect to Emotional Support Animals (ESA), airline personnel may require current documentation (i.e., not more than one year old) on letterhead from a health professional stating:

That the passenger has a mental health-related disability.
That having the animal accompany the passenger is necessary to the passenger’s mental health or treatment or to assist the passenger (with his or her disability).
That the individual providing the assessment of the passenger is a licensed mental health professional and the passenger is under his or her professional care.

The purpose of this requirement for a medical letter is to prevent abuse by passengers that do not have a medical need for an Emotional Support Animal.

Airlines are not permitted to require the documentation to specify the type of mental health disability. Therefore, the letter does not have to specify what it is that the patient suffers from (e.g., panic attacks).

Are you an owner of an assistance animal?

The Service Animal Registry of California invites you to have your assistance animal registered in order to designate its status. We also encourage you to take our online classes so you can be fully aware of your rights and gain more knowledge about your support animal.

Finally, we present to you our book entitled, “ASSISTANCE ANIMAL LAWS: LEARN YOUR RIGHTS REGARDING SERVICE ANIMALS, EMOTIONAL SUPPORT ANIMALS, THERAPY PETS, AND OTHER DOGS, CATS, AND ASSISTANCE ANIMALS” to provide you with a complete education on assistance animals.

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ASSISTANCE ANIMAL LAWS: LEARN YOUR RIGHTS REGARDING SERVICE ANIMALS, EMOTIONAL SUPPORT ANIMALS, THERAPY PETS, AND OTHER DOGS, CATS, AND ASSISTANCE ANIMALS

Is a housing provider allowed to evict an assistance animal or refuse to accommodate it?

Posted on March 12, 2017 by SARC Editorial Staff

The answer is yes.

The housing provider can evict/eject the Assistance Animal if it causes an unreasonable nuisance or public safety hazard (for example, a barking habit, flea infestation, evidence of an actual disease, aggressive behavior, feces or urine contamination due to the owner/handler neglecting to clean up, etc.) Please note that these must be actual rather than merely potential issues.

He or she can refuse to accommodate the request for an Assistance Animal if it would cause an undue financial burden (for example, if the his/her insurance carrier would cancel the insurance policy if a certain breed of dog, such as a pit bull or chow breed, were kept on the premises, or if the accommodation would require extensive costs that would be considered objectively unreasonably high, such as physical alterations or construction).

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ASSISTANCE ANIMAL LAWS: LEARN YOUR RIGHTS REGARDING SERVICE ANIMALS, EMOTIONAL SUPPORT ANIMALS, THERAPY PETS, AND OTHER DOGS, CATS, AND ASSISTANCE ANIMALS

Ontario family fights son’s rights to bring service dog in class

Posted on March 12, 2017 by SARC Editorial Staff

Kenner Fee and his service dog

According to the Fee family, their 8-year old boy named Kenner Fee was not allowed by the Waterloo Catholic District School Board to bring his black Labrador Ivy to class since the presence of the animal would only place “undue hardship” on the school staff.

Kenner Fee is diagnosed with autism. His father, Craig Fee, says that the service dog helps his son calm down especially during anxiety attacks. If only the dog was allowed in class, things would definitely be easier for Kenner’s classmates and teachers. Craig stated, “They’re going to get a lot more learning and work done if my kid’s not shrieking at the top of his lungs or bolting from the schoolyard.”

The school board had two arguments regarding having the service dog in class. They said that they had the right to dictate whether to allow the dog or not since the school building is private property. Secondly, Kenner cannot manage the dog himself since he lacks fine motor skills. The Fees have fought for their son’s right and has gone to the province’s human rights tribunal.

David Lepofsky, a lawyer and disability rights advocate, has been concerned about the matter. He said that the school board should provide evidence that the dog’s presence would actually place “undue hardship” on the school staff and that they should consider alternative accommodations first. According to Vice-President Laura Kirby-McIntosh, the province has to establish an accessibility standard for education. She hopes that the outcome of the case would bring clarity on the matter.

Article source: Flamboroughreview.com

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ASSISTANCE ANIMAL LAWS: LEARN YOUR RIGHTS REGARDING SERVICE ANIMALS, EMOTIONAL SUPPORT ANIMALS, THERAPY PETS, AND OTHER DOGS, CATS, AND ASSISTANCE ANIMALS

Should a service animal wear identifying gear?

Posted on March 5, 2017 by SARC Editorial Staff

There is no requirement under the law for an assistance animal to wear any identifying gear such as vests, harnesses, tags, or other gear.

These are not legally required, and probably never will be, in order to allow disabled people to move freely in public without stigma or feeling labeled. However, even though not required, gear is sometimes desired by an owner in situations where it will short-cut conversations or help prevent misunderstandings in public spaces.

For example, if a dog is wearing a shirt which states “Medical Alert Service Animal,” then the disabled owner/handler might avoid having to explain his or her animal’s status when visiting public spaces such as restaurants.

Although gear can shortcut uncomfortable conversations with landlords, employers, airlines, and business owners, it does not give the animal its status.

Are you an owner of an assistance animal?

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ASSISTANCE ANIMAL LAWS: LEARN YOUR RIGHTS REGARDING SERVICE ANIMALS, EMOTIONAL SUPPORT ANIMALS, THERAPY PETS, AND OTHER DOGS, CATS, AND ASSISTANCE ANIMALS

Are assistance animals allowed in residential housings?

Posted on March 5, 2017 by SARC Editorial Staff

If you are wondering whether an assistance animal can live with you, know that there are two types of assistance animals which a landlord, property manager, or hotel must allow to reside with its owner/handler in any residential housing.

They are…

1. Service Animals
2. Emotional Support Animals

Notice that Therapy Animals are not included in this list. Therapy Animals have no right for housing accommodations by landlords and hotels. The animal would be treated as an ordinary pet when it comes to housing, and a landlord or hotel can impose whatever restrictions it has in place for pets.

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ASSISTANCE ANIMAL LAWS: LEARN YOUR RIGHTS REGARDING SERVICE ANIMALS, EMOTIONAL SUPPORT ANIMALS, THERAPY PETS, AND OTHER DOGS, CATS, AND ASSISTANCE ANIMALS

Is an individual allowed to have multiple assistance animals such as two service animals?

Posted on March 5, 2017 by SARC Editorial Staff

There is no specific regulation or law that limits a disabled owner to a certain number of Assistance Animals. Because there is no direct guidance, it is likely that an owner would have to show a reasonable need for the number of animals in question.

For example, if a disabled owner/handler has diabetes and mobility issues, and keeps two Service Animals because one animal is trained to detect a drop in blood sugar, and the other is trained to provide physical support and stability, and to fetch objects and open doors, then it would probably be deemed reasonable to have both animals.

However, if a tenant keeps two Emotional Support Animals to assist with combating suicidal tendencies and severe depression, then the landlord could have a viable argument against allowing both animals unless there was a reasonable justification for needing both animals.

The landlord could argue that one animal alone would provide the needed support. A physician’s note would likely need to specifically recommend the multiple animals.

Are you an owner of an assistance animal?

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ASSISTANCE ANIMAL LAWS: LEARN YOUR RIGHTS REGARDING SERVICE ANIMALS, EMOTIONAL SUPPORT ANIMALS, THERAPY PETS, AND OTHER DOGS, CATS, AND ASSISTANCE ANIMALS

Service animals can assist people with psychiatric conditions

Posted on March 5, 2017 by SARC Editorial Staff

When provided training, service animals can help individuals suffering from psychiatric conditions. These conditions include but are not limited to anxiety, depression, bipolar disorder, schizophrenia, and post-traumatic stress disorder (PTSD). Training will allow these animals to detect the onset of their disorder.

To detect the onset of the condition, the service animal’s task/s are the following:

Pulling on the individual’s clothing.
Reminding the individual to take medicine.
Providing safety checks or room searches for individuals suffering from PTSD.
Interrupting self-mutilation.
Removing disoriented individuals from dangerous situations.

Remember that the Americans with Disabilities Act (ADA) does not apply to a service animal while that animal is still in training.

Are you an owner of an assistance animal?

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ASSISTANCE ANIMAL LAWS: LEARN YOUR RIGHTS REGARDING SERVICE ANIMALS, EMOTIONAL SUPPORT ANIMALS, THERAPY PETS, AND OTHER DOGS, CATS, AND ASSISTANCE ANIMALS

Senate might approve service animal bill to establish clear rules

Posted on March 5, 2017 by SARC Editorial Staff

Here’s what’s happening nowadays: More and more people are using fake service animals for their own benefit. This incidence is negatively affecting people with real disabilities who happen to have service animals as well.

To address this situation, a bill has been created to create a misdemeanor offense for people using fake service animals. According to Representative James Byrd from House District 44, if someone is caught using a fake service animal, the animal won’t be allowed into public facilities and that the owner should be charged extra by hotels.

Not only does House Bill 114 prevent the misuse of service animals, it also upholds the right of disabled people by providing clear rules for disabled individuals who need them. The bill also states that establishments that do not accept real service animals would be fined. Moreover, people who would injure any service animal would spend half a year in prison, be fined, and are required to pay for a new service animal and its training.

Service animal owners are only allowed to define their service animals and the task/s they perform to business owners who ask about these animals. If business owners are suspicious about the answers of the animal owners, they are allowed to contact law enforcement about the matter.

Article source: Kcwy13.com

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ASSISTANCE ANIMAL LAWS: LEARN YOUR RIGHTS REGARDING SERVICE ANIMALS, EMOTIONAL SUPPORT ANIMALS, THERAPY PETS, AND OTHER DOGS, CATS, AND ASSISTANCE ANIMALS

Emotional support dog changes the life of college senior

Posted on March 5, 2017 by SARC Editorial Staff

Stefanie DeSimone is a college senior of PSU who has suffered from anxiety and depression since she was 15 years old. Because she had a tough time handling senior year with all the “crazy” schedule and less structured routine, she realized that she needed the company of an emotional support animal.

DeSimone quotes, “I looked for a really long time. It all aligned for me, but I think I maybe went through ten dogs before I finally found the one I knew could work best with me. I wasn’t just looking for a dog to have a companion; I was looking for a dog to help me function. I was looking for an animal that I knew was going to help me in everyday life and help keep me on a routine.”

DeSimone knew that the process of finding a dog would not be an easy task. She understood that an emotional support animal wasn’t just a pet, but also a friend who could offer emotional comfort especially in times of difficulty. After doing a lot of research, she decided to have German Shephard Poodle mix. She named her support animal “Flo.”

The final process of having Flo approved in the school campus was presenting a letter from DeSimone’s therapist which stated her need for the animal. She was ready to handle the responsibilities of having an ESA in the campus. According to her, the benefits of having Flo by her side outweighed the costs.

Article source: The Clock Online

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ASSISTANCE ANIMAL LAWS: LEARN YOUR RIGHTS REGARDING SERVICE ANIMALS, EMOTIONAL SUPPORT ANIMALS, THERAPY PETS, AND OTHER DOGS, CATS, AND ASSISTANCE ANIMALS

Hastings Public Schools recognize the importance of service and therapy animals

Posted on February 26, 2017 by SARC Editorial Staff

Photo courtesy: Hastings Tribune

Service animals and therapy animals are increasingly being used in the district. The Hastings Board of Education has approved policies for these animals and recognize that therapy animals are beneficial to students who have problems with anxiety, self-esteem, and behavior.

Superintendent Craig Kautz mentions the difference between therapy animals and service animals. He quotes, “Therapy animals are there to help with the emotion of the environment while service dogs perform jobs for individuals.”

Students from Hastings Middle School who are having coping difficulties are currently using therapy dogs to calm them down. These therapy dogs visit these students during Fridays. When it comes to service dogs, Krautz said that the school board has an obligation to make these animals an essential part of the educational program.

The policy on therapy dogs might be implemented after a month while the service animal policy must be implemented right away since much of it has already been established.

Article source: Hastings Tribune

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